Lao People's Democratic Republic

LAOS
Constitution: 1991 with Amendments through
2003

DEMOCRATIC
UNITARY
PARLIAMENTARY TYPE

Head of the State

The President
Head of the Government:
Prime Minister

FORMS of
Government
The National Assembly is the representative of the
rights, powers and interests of the multi-ethnic
people.

The National Assembly is also the

-Legislative branch that has the right to make
decisions on fundamental issues of the country
-to oversee the activities of the executive organs
-to oversee the people’s courts and the Office of the
Public Prosecutor.
Established and Function
according to
Principle of Democratic
Centralism
 THE LEGISLATIVE DEPARTMENT

 The National Assembly

 -Legislative branch that has the right to make decisions on
fundamental issues of the country
 -to oversee the activities of the executive organs
 -to oversee the people’s courts and the Office of the Public Prosecutor.
 Rights and Duties
1. To prepare, adopt or amend the Constitution;
2. To consider, adopt, amend or abrogate(repeal) the laws;
3. To consider and adopt the determination, amendment or abrogation of taxes and
duties;
4. To consider and adopt strategic plans for socio-economic development and the State
budget;
5. To elect or remove the President, the Vice-President and members of the National
Assembly Standing Committee;
6. To elect or remove the President and Vice-President of the State based on the
recommendation of the National Assembly Standing Committee;
7. To consider and approve the proposed appointment or removal of the Prime Minister
based on the recommendation of the President of the State, and to consider and
approve the organisational structure of the government and the appointment, transfer
or removal of members of the government based on the recommendation of the Prime
Minister;
 Rights and Duties
8. To elect or remove the President of the People’s Supreme Court and the Supreme Public Prosecutor
based on the recommendation of the President of the State;
9. To decide on the establishment or dissolution of the ministries, ministry-equivalent organisations,
provincial authorities and city authorities, and to determine the boundaries of provinces and cities
based on the recommendation of the Prime Minister;
10. To decide on granting amnesties
11. To decide on the ratification of or [withdraw from] treaties and agreements signed with foreign
countries in accordance with the laws;
12. To decide on matters of war or peace;
13. To oversee the observance and implementation of the Constitution and laws; [and]
14. To exercise such other rights and perform such other duties as provided by the laws.

Article 55
The National Assembly elects its own Standing Committee which consists of the President, the Vice-
President and a number of members. The President and Vice-President of the National Assembly
are also the President and Vice-President of the National Assembly Standing Committee
• The term of office of each National Assembly legislature is 5 years

• convenes its ordinary session twice a year at the summons of the National Assembly
Standing Committee.

• The National Assembly Standing Committee may convene an extraordinary session of

the National Assembly if it deems it necessary.

• Quorum for Legislative Session

• Members of the National Assembly are elected by the Lao citizens in accordance with
the laws.
• The election of a new National Assembly legislature must be completed no
later than sixty days prior to the expiration of the term of office of the
incumbent National Assembly [legislature].

• In the case of war or any other circumstance that obstructs the

election, an [incumbent] National Assembly [legislature] may extend
its term of office but it must carry out the election of the new National
Assembly no later than six months after the situation returns to normal.

• If deemed necessary by the vote of at least two-thirds of all members of the

National Assembly attending the session, such [incumbent] National
Assembly [legislature] may carry out the election of [new] members prior to
the expiration of its term
Approval of General Legislation
 Laws already adopted by the National Assembly must be promulgated by the
President of the State no later than thirty days after their adoption. During this
period, the President of the State has the right to request the National Assembly
to reconsider [such laws]. If the National Assembly affirms its previous decision
after reconsidering such laws, the President of the State must promulgate them
within fifteen days.
Questions relating to the destiny of the country and the vital interests of the people
 Must be submitted for the approval of the National Assembly, or the
National Assembly Standing Committee during the recess of the National
Assembly.

The National Assembly establishes its own committees;

 To consider draft laws and draft presidential edicts for submission to the
National Assembly Standing Committee and the President of the State
 Assists the National Assembly and the National Assembly Standing
Committee in exercising oversight of the activities of the executive organs,
the people’s courts and the[Office of the Public Prosecutor.

National Assembly has Legislative oversight of the executive

Immunity of legislators
 Members of the National Assembly shall not be prosecuted in court or detained
without the approval of the National Assembly, or the National Assembly Standing
Committee during the recess of the National Assembly

 In cases involving manifest or urgent offences, the organisation which has

detained the member of the National Assembly must immediately report to the
National Assembly or to the National Assembly Standing Committee during a
recess of the National Assembly for consideration and decision [on further action
concerning the member]. Investigations shall not [be conducted in such a manner
as to] prevent a prosecuted member from attending National Assembly sessions.
 NATIONAL ASSEMBLY STANDING COMMITTEE

The National Assembly elects its own Standing Committee which consists of
the President, the Vice-President and a number of members.

The President and Vice-President of the National Assembly are also the
President and Vice-President of the National Assembly Standing
Committee.

The National Assembly Standing Committee is the permanent body of the

National Assembly, and is to carry out duties on behalf of the National
Assembly during the recess of the National Assembly.
 Rights And Duties: National Assembly Standing
Committee
1. To prepare for the National Assembly sessions and to ensure that the National
Assembly implements its work plan;
2. To interpret and explain the provisions of the Constitution and the laws
3. To oversee the activities of the executive organs, the people’s courts and the
[Office of the] Public Prosecutor during the recess of the National Assembly;
4. To appoint, transfer or remove judges of the people’s courts at all levels and of
the military courts;
5. To summon the National Assembly into session
6. To exercise such other rights and perform such other duties as provided by the
laws.
The organizations and persons that have the right to propose
draft laws are as follows:
1. The President of the State
2. The National Assembly Standing Committee
3. The Government
4. The People’s Supreme Court
5. The Office of the Supreme Public Prosecutor
6. The Lao Front for National Construction and the mass
organisations at the central level.
Chapter VI: The President of the State
•Head of State of the Lao People’s Democratic Republic
• The representative of the multiethnic Lao people both within
the country and abroad.
Elected by:
- The National Assembly with two-thirds of the votes of all
members of the National Assembly attending the session.

The term of office:

-(5 years) same as the term of office of the National
Assembly.
 RIGHTS AND DUTIES
1. To promulgate the Constitution and laws already adopted by the National Assembly
2. To issue presidential edicts and decrees
3. To propose the appointment or removal of the Prime Minister to the National Assembly
for consideration and decision
4. To appoint or remove the Prime Minister, [and to] appoint, transfer or remove members
of the government after approval by the National Assembly
5. To appoint or remove the Vice-President of the People’s Supreme Court based on the
recommendation of the President of the People’s Supreme Court, [and to] appoint or
remove the Deputy Supreme Public Prosecutor based on the recommendation of the
Supreme Public Prosecutor
6. To appoint, transfer or remove provincial and city governors based on the
recommendation of the Prime Minister
7. To be the head of the people’s armed forces;
 RIGHTS AND DUTIES
8. To decide on promotions or demotions at the rank of general in the national defence and security
forces based on the recommendation of the Prime Minister
9. To convene and preside at the government’s special meetings
10. To decide on conferring national gold medals, orders of merit, medals of victory and the highest
honorific titles of the State
11. To decide on granting amnesty
12. To decide on general or partial military conscription and to declare states of emergency all over
the country or in any particular locality
13. To issue the ratification of or [secession from] treaties and agreements signed with foreign
countries;
14. To appoint and recall plenipotentiary representatives of the Lao People’s Democratic Republic to
or from foreign countries based on the recommendation of the Prime Minister, and to accept the
plenipotentiary representatives of foreign countries accredited to the Lao People’s Democratic
Republic;
15. To exercise such other rights and perform such other duties as provided by the laws.
 Vice President
The President of the State may have a Vice-President as elected by
the National Assembly with the votes of more than one-half of the
number of National Assembly members attending the session.

The Vice-President of the State executes all tasks assigned to him by

the President of the State and acts on behalf of the President of the
State if he is [occupied on other matters].
 Chapter VII: Government
administers in a unified manner the implementation of the
State’s duties in all fields such as political, economic, cultural,
social, national defence and security, and foreign affairs.

Executive branch of the State.

-Consist of;
-Prime Minister,
-Deputy Prime Minister[s],
-Ministers
-Chairmen of the ministry equivalent organisations.
 The Prime Minister is the head of the government
 Represents the government
 Leads and manages the work of the government, ministries,
ministry-equivalent organisations, departments and other
organisations attached to the government
 Leads and manages the work of provinces and cities.
 appointed or removed by the President of the State after the
approval of the National Assembly.
The Prime Minister appoints, transfers and removes
-Vice Ministers,
-Vice-chairmen of the ministry-equivalent organisations,
-Heads of department,
-Deputy governors,
-Deputy mayors of cities

promotes and demotes colonels in the national defence and security forces
and other ranks as provided by the laws.
 The Deputy Prime Ministers are the assistants of the Prime
Minister and execute the tasks assigned to them by the Prime
Minister.
 The Prime Minister may assign a particular Deputy Prime
Minister to carry out work on his behalf in the event that he is
[occupied on other matters].
Rights and Duties
1. To implement the Constitution, the laws and resolutions of the National Assembly,
and presidential edicts and decrees;
2. To submit draft laws and presidential edicts to the National Assembly and [to
submit] draft presidential decrees to the President of the State;
3. To determine strategic plans on socio-economic development and annual State
budgets and to submit them to the National Assembly for consideration and
approval;
4. To report on its performance to the National Assembly, or to the National
Assembly Standing Committee (during the recess of the National Assembly), and to
report to the President of the State;
5. To issue decrees and resolutions on State administration, socio-economic
management, [and] management in the fields of science and technology, national
re
6. To organise and oversee the activities of the sectoral organisations and local
administrations;
7. To organise and oversee the activities of the national defence and security
forces;
8. To sign treaties and agreements with foreign countries and guide their
implementation;
9. To suspend the implementation of or cancel decisions [or] instructions of the
ministries, ministry-equivalent organisations, organisations under the
government’s management, and local administrations if they contradict the
laws;
10. To exercise such other rights and perform such other duties as provided by
the laws.
 Termination of Office
( Vote of no confidence)
Any member of the
The National government if the One-fourth of the total
National Assembly number of National
Assembly Assembly members.
Standing Committee

raises the issue

The President of the
48 hours
Within twenty-four state has the right to
question the vote of the
reconsideration must
hours be held from the first
National assembly for
reconsideration consideration

If the new vote of the government or the

no confidence is member of the
government must
passed
resign.
 Chapter VIII: The Local Administration
The Lao People’s
Democratic
Republic

District Villages
Province

District Municipalities Consist of Villages

Provinces Cities

Governed by
Mayors Governed by Chief Governed by Village
Governed by of Municipalities Chiefs
Governed by Governors of the
Governors Cities
Rights and duties: The governors of provinces, cities
and the mayors of districts
1. To ensure the implementation of the Constitution and the laws, and to implement decisions and orders
issued by higher-level authorities;

2. To guide and oversee the activities of all sectoral [organisations] and all levels of authorities under their
jurisdiction;

3. To suspend or cancel the decisions of sectoral [organisations] at their own or lower levels, which contradict
the laws and regulations;

4. To manage citizens [and,] within the scope of their rights and powers under the laws, to consider and
resolve the complaints and proposals of the people;

5. To exercise such other rights and perform such other duties as provided by the laws.
Rights and duties: Chief of Municipalities
•To plan, implement and administer urban development and
public services throughout the municipality,

•To ensure order and cleanliness in accordance with urban

planning

•To exercise such other rights and perform such other duties as
provided by the laws and regulations.
Rights and duties: Village Chief
 To organise the implementation of the laws, decisions and
orders of the State,

 To maintain the peace and public order of the village,

 To develop the villages in all fields.

 Chapter IX: People’s Courts and
Public Prosecutor

The people’s courts constitute the judicial branch of the State

and consist of:
• The People’s Supreme Court
• The appellate courts
• The people’s provincial courts and city courts
• The people’s district courts
• The military courts.

 In the event that it is deemed necessary, the National

Assembly Standing Committee may decide to establish a special
court.
The People’s Supreme Court
Highest judicial organ of the State.

Administers the people’s courts at all levels and the

military courts, and examines and reviews the decisions
reached by them.
 Supreme/Ordinary Court Judge Removal &
Ordinary Court Selection
 The Vice-President of the People’s Supreme Court is appointed or removed by the
President of the State based on the recommendation of the President of the People’s
Supreme Court.
 The National Assembly Standing Committee appoints, transfers and removes the
following judicial positions based on the recommendation of the President of the
People’s Supreme Court:
 judges of the People’s Supreme Court;
 the president, vice-president and judges of appellate courts,
 provincial courts,
 city courts and district courts
 the heads, deputy heads and judges of the military courts.
Judicial Independence
 The people’s courts make decisions in panels. In their adjudication, judges
must be independent and strictly comply with the laws.

Right to counsel & Right to public trial

Cases shall be conducted in open court proceedings except if otherwise provided by the
laws. Defendants have the right to defend themselves. Lawyers have the right to provide legal
assistance to the defendants.

Representatives of social organisations have the right to take part in court proceedings as
provided by the laws.

Decisions reached by the people’s courts, when final, must be respected by Party
organisations, State organisations, the Lao Front for National Construction, mass
organisations, social organisations and all citizens, and must be implemented by the
concerned individuals and organisations.
 Composition of the Office of the Public
Prosecutor
The Office of the Public Prosecutor has the duty to monitor the implementation of the laws. The Office of the
Public Prosecutor consists of:

• The Office of the Supreme Public Prosecutor has the duty to monitor the
• The Office of the Appellate Public Prosecutor implementation of the laws.
• The offices of the Public Prosecutor at provincial and city levels
• The offices of the Public Prosecutor at district level
• The Office of the Military Prosecutor
Rights and Duties: The Office of
the Public Prosecutor
1. To monitor the correct and uniform implementation of laws and
regulations by all ministries, ministry-equivalent organisations,
organisations attached to the government, the Lao Front for National
Construction, mass organisations, social organisations, local
administrations, enterprises, civil servants and citizens

2. To exercise the right of public prosecution

In carrying out their duties, the public prosecutors are subject only to the laws and
the instructions of the Supreme Public Prosecutor.
Office of the Supreme Public Prosecutor
 supervises the activities of the offices of the Public Prosecutor at all levels

The Deputy Supreme Public Prosecutor

 appointed or removed by the President of the State based on the
recommendation of the Supreme Public Prosecutor.

 The Supreme Public Prosecutor appoints, transfers or removes

 Public prosecutors and deputy public prosecutors at the appellate level,
provincial level, city level and district level, and military prosecutors,
 People’s Supreme
Supreme Court
Court
Court of
Appellate Appeals
Public Court
Regional Trial Court
Public Prosecutor
at Provincial and
City level Municipal Trial Court/
Public Prosecutor at District and Metropolitan
Municipal Level

Military Shariah District

Court
Court